This post was co-authored by Christian M. Wolgemuth, an attorney in McNees’ Privacy & Data Security and Litigation practice groups.
In our rapidly evolving technological landscape, the use of artificial intelligence (AI) has become more prevalent, touching virtually every aspect of our lives. From smart assistants that streamline our tasks to advanced data analytics that…
Most of our readers are aware of the fact that the COVID era policy which allowed employers to remotely examine documentation provided by employees for completing the form I-9 ended as of July 31, 2023. All employers will now have until August 30, 2023 to physically examine the I-9 documentation presented by the employees who…
On August 11, 2022, the CDC issued new guidance regarding isolation and masking for individuals exposed to COVID-19. According to the CDC, high levels of immunity and the availability of COVID-19 prevention and management tools have reduced the risk for medically significant illness. While employers still must traverse through the complicated web of COVID-19 mitigation…
At our 31st Annual Labor and Employment Law Seminar, there was a panel discussion regarding the War for Talent. As part of that presentation, we reviewed some of the new and creative application processes that employers are adopting to help attract, screen and onboard employees more effectively and efficiently. We also discussed the use…
Despite our best attempts to suppress the memory, we all remember it well. Just over two years ago, the pandemic triggered state-ordered shutdowns. Our economy obviously slowed to a crawl, and employers everywhere immediately found themselves with surplus workers. The result was mass layoffs, flooding the labor market with available employees. To get employees back…
I-9 Form
With all the changes to business operations due to COVID-19, it is still important that we pay attention to the non-COVID-related changes that continue to occur in the employment world. The new I-9 form has been around since January 31, 2020, and its use has been voluntary until now. As you know, however,…
Federal government contractors will need to be aware of the Fair Chance Act, a recently enacted statute that is scheduled to go into effect on December 20, 2021. The Act is a “ban-the-box” law that prohibits covered employers from inquiring about an applicant’s criminal history in the early stages of the hiring process. The Act…
If your business operates in Maryland, you need to be aware of SB 839, a law that took effect February 29, 2020. SB 839 prohibits employers with 15 or more full-time employees from asking job applicants about their criminal history prior to the first in-person interview. Specifically, the law precludes employers from asking applicants whether…
Employers of drivers who hold commercial driver’s licenses (CDL) have been subject to U.S. Department of Transportation drug and alcohol testing requirements for over twenty-five years. These regulations, enforced by the Federal Motor Carrier Safety Administration (FMCSA), require that any driver who fails (or refuses to take) a mandated drug or alcohol test must be…
The Fair Credit Reporting Act (“FCRA”) has been a fertile area for lawsuits against employers. Recently, the Third Circuit Court of Appeals provided yet another warning for employers regarding compliance with the FCRA. In Long v. SEPTA, the court held that an employer violates the FCRA when it fails to provide a copy of…
